6 South East Asia

6.1 DSH Legislation

and includes a widow, widower or dependent parent of a person specified in any of the paragraphs (a) to (g) of this definition;

Australian Soldier ... includes

...

(g) a person who, as a member of the Defence Force, rendered continuous full-time service outside Australia —

(i)as a member of a unit of the Defence Force that was allotted for duty, within the meaning of theVeterans' Entitlements Act 1986as provided in subsection 5B (2), of that Act; or

(ii)as a person who was allotted for duty, within the meaning of theVeterans' Entitlements Act 1986as provided in subsection 5B (2), of that Act,

in an operational area described in items 4, 5, 6, 7 or 8 of Schedule 2 to theVeterans' Entitlements Act 1986during the period specified in that item;

...

(j) a person who —

(i)was appointed for service outside Australia as a representative of an approved welfare organization with a body, contingent or detachment of the Defence Force;

(ii)as such, served outside Australia on or after the third day of September 1939, with that body, contingent or detachment; and

(iii)would, if during that service he had been a member of the Defence Force allotted for duty with that body, contingent or detachment, be, by reason of that service, an Australian soldier as defined by a provision of this definition other than paragraph (h) or (i) or this paragraph;

6.2 Veterans' Entitlements Act 1986

A reference in this Act to a person, or a unit of the Defence Force, that was allotted for duty in an operational area is a reference:

(a)in the case of duty that was carried out in an operational area described in items ... 4, 5, 6, 7 or 8 of Schedule 2 (in column 1) - to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or

...

(c)to a person, or unit of the Defence Force, that is, by written instrument signed by the Minister for Defence, taken to have been allotted for duty in an operational area described in item 4 or 8 in Schedule 2 (in column 1).

Section 5R Determinations having interpretative effect

Continuous full-time service determination; member of unit of Defence Force determination

(1) The Minister may, by notice in writing published in the Gazette, make, in respect of a person, or of persons included in a class of persons, specified in the notice, all or any of the following determinations:

(a)a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering service of a kind specified in the notice (in this subsection referred to as relevant service), a member of the Defence Force who was rendering continuous full-time service;

(b)a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person (being a member of the Defence Force), or a person included in that class of persons (being members of the Defence Force), as if he or she was, while he or she was rendering relevant service, rendering continuous full-time service;

(c)a determination that this Act, or specified provisions of this Act, are to apply to and in relation to the person, or a person included in that class of persons, as if he or she was, while he or she was rendering relevant service, a member of a specified unit of the Defence Force;

and, if the Minister does so, this Act applies, or the specified provisions of this Act apply, as the case may be, accordingly.

6.3 Policy

6.3.1 General Principles

Eligibility based on service in South East Asia is designed to recognise that members of the Australian Defence Force could be required to undertake operations of a warlike nature in areas where there were incidents of a local sporadic nature rather than continuing operations. Accordingly, eligibility is based on the principle that benefits should stem from a period of service in which the member was exposed to hazards of a warlike nature beyond those of normal peacetime duty and depended upon allotment for duty in a prescribed “operational area”. The Malayan Peninsula, Sabah, Brunei, Sarawak and South Vietnam have been prescribed at various times as “operational areas” for the purposes of the legislation.

Amember of a unit of the Defence Forcerefers to a member of the Defence Force or other person who is:

a member of the unit;

attached to the unit; or

appointed for continuous full-time service with the unit.

6.3.2 Written Instruments under ss.5R(1) of the VEA

Set out below are copies of the instrument issued by the Minister under subsection ss.5R(1) of theVeterans' Entitlements Act 1986. Accordingly, information contained in these instruments may be used in deciding whether an applicant is an eligible person under the DSH Act in accordance with the 'Best Evidence' policy.

6.3.3 Written Instruments under ss.5B(2) of the VEA

Set out below are copies of the instrument issued by the Defence Force under subsection ss.5B(2) of theVeterans' Entitlements Act 1986. Accordingly, information contained in these instruments may be used in deciding whether an applicant is an eligible person under paragraph 4(1)(g) of the DSH Act in accordance with the 'Best Evidence' policy.

6.3.4 Ships/Units Allotted for Duty - Vietnam

The following is a list of RAN ships and Units allotted for duty in the operational area of Vietnam (Item 8 of Schedule 2 to theVeterans' Entitlements Act 1986). The list is neither exhaustive nor exclusive and is to be used only as a guide in accordance with the 'Best Evidence' policy.

SHIPPERIOD

BRISBANE — 20. 3.69 - 13.10.69

16. 3.71 - 11.10.71

HOBART — 7. 3.67 - 27. 9.67

22. 3.68 - 11.10.68

16. 3.70 - 9.10.70

PERTH — 2. 9.67 - 10. 4.68

19. 9.68 - 12. 4.69

14. 9.70 - 8. 4.71

VENDETTA — 15. 9.69 - 11. 4.70

(see also Schedule 2)

UNIT

CLEARANCE DIVING TEAM (CDT)3

Contingent 1* 5. 2.67 - 29. 8.67

Contingent 2* 12. 8.67 - 11. 3.68

Contingent 3* 11. 2.68 - 3. 9.68

Contingent 4* 12. 8.68 - 4. 3.69

Contingent 5* 10. 2.69 - 21. 8.69

Contingent 6* 12. 8.69 - 10. 3.70

Contingent 7* 10. 3.70 - 29.10.70

Contingent 8 14.10.70 - 5. 5.71

RAN HELICOPTER FLIGHT VIETNAM (RANHFV)

Contingent 1*15.10.67 - 17.10.68

Contingent 2* 9. 9.68 - 11. 9.69

Contingent 3* 9. 9.69 - 10. 9.70

Contingent 4* 9. 9.70 - 16. 6.71

RAN ELEMENT OF NO.9 SQUADRON RAAF1968 - 1969**

NAVAL STAFF OFFICE, HEADQUARTERS

AUSTRALIAN FORCE VIETNAM (NSO, HQAFV)1968 - 1971*

SEA TRANSPORT OFFICERSVarious years **

DETACHED MEDICAL OFFICERSVarious years **

CHAPLAINSVarious years **

MISCELLANEOUS PERSONNELVarious years **

* These are the dates applicable to the main body of the particular contingent.

** Personnel posted individually.

Allotment periods are from the date of departure from Australia to the date of return to Australia.

6.3.5 Inclusions

6.3.6 Exclusions

A person with otherwise appropriate service may be ineligible if that service ended due to misconduct or misbehaviour (please see Eligibility GO 11 for full details). However, this exclusion does not apply to the widow, widower or dependent parent of a person whose service ended due to misconduct or misbehaviour.